New York Gov. Kathy Hochul last week announced a significant overhaul of the state’s Office of Cannabis Management, including a leadership change at the top of the agency.

The governor’s office said in a press release on Friday that she had “directed an operational overhaul” of the agency, which “follows the release of a 30-day assessment conducted by a team of individuals under the leadership of the Commissioner of the Office of General Services Jeanette Moy, that identified significant structural limitations to the Office of Cannabis Management that have affected the agency’s ability to fulfill its mandate to efficiently establish New York State’s cannabis marketplace.”

Hochul detailed the changes at a press conference in Albany, where the New York Times reported that “Chris Alexander, the executive director of the Office of Cannabis Management, was notably absent.”

According to the Times, Alexander “will step down at the end of his three-year term in September.”

Hochul called for the assessment earlier this year, saying at the time that New York’s legal cannabis rollout had been a “disaster.” Moy was directed to assemble a team to conduct a 30-day review of the office of Cannabi Management. In a letter to Hochul sent last week, Moy said that it was “clear from speaking to operational staff that they are dedicated, mission-driven, and working very hard,” and that in “order to alleviate pressures on staff, the task force took immediate action to recruit for vacant license processing positions to increase the size of the licensing team by 40%, and to explore technology like softphones to improve the hybrid work experience.”

Moy said that the task force “outlined recommendations to enhance customer service and expedite the opening of Adult-Use Retail businesses in New York State’s legal cannabis market.”

“It was a priority of the task force to craft recommendations that would enable this agency to be more transparent, efficient, and responsive to all New Yorkers. In conjunction with your recently announced Enforcement Task Force to shut down illegal cannabis stores, the recommendations in this report will enable OCM to maintain and build upon our State’s commitment to social equity, while maturing into a world-class regulatory agency for a thriving New York State cannabis market,” Moy said.

In Friday’s press release, the governor’s office said that the “assessment makes comprehensive recommendations to end the bottleneck of license applicants and improve communication with applicants and licensees – transforming the Office’s capacity to expand safe, legal cannabis operations across the state.”

“Based on the assessment’s findings, Governor Hochul announced a series of immediate actions to reform the licensing processes and increase enforcement against illegal storefronts. The Governor also announced the establishment of a $5 million grant program to help CAURD licensees and previewed next week’s launch of the Cannabis Enforcement Task Force,” the announcement said.

New York’s legal cannabis market has had a sluggish rollout; according to the New York Times, there are only 122 legal recreational cannabis dispensaries in the state, while “the number of illicit shops in New York City alone has nearly doubled to 2,900.”

“At the end of April, more than 5.600 applications, mostly for retail and craft businesses that submitted them as far back as August 2022, were still waiting to be reviewed,” the Times reported.

The governor’s office said that the “assessment identified significant impediments to the Office’s effective processing and approval of applicant licensure.”

“Without best capability to fulfill the licensing role, the individuals this process is designed to help are exhausting substantial resources navigating it and risk being left behind. Delays in the legal marketplace have created a vacuum for illegal storefronts to proliferate and squeeze out CAURD licensees. The reforms announced today will create additional capacity for closing illegal storefronts and lifting up legal operators,” the press release said.

Hoy said in a statement on Friday that the “multi-agency task force created to assess the Office of Cannabis Management has identified several steps the agency can take to unclog the bottleneck of applications by improving communication with applicants and streamlining the application process.” 

“The proposals outlined in the task force’s report will improve transparency and open lines of communication in the application process while boosting the state’s efforts to meet Governor Hochul’s commitment to equity in New York’s cannabis market,” Moy said.

In a statement, Hochul thanked Moy and her team “for their hard work and thoughtful assessment,” saying she looks forward “to working with OCM to implement the report’s recommendations and transform New York’s cannabis industry.”

“We promised to build the strongest, most equitable legal cannabis market in the nation, and we’re announcing long-needed steps to make New York’s cannabis program work as promised,” Hochul said.

But the Times said that the report “immediately drew backlash from critics who said it painted an incomplete portrait,” with some arguing that “it omitted or glossed over the role of the governor, the Legislature and the many lawsuits against the agency in the challenges facing the cannabis program.”

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Minnesota is still trucking along with building up its cannabis team. Star Tribune recently interviewed Charlene Briner, who explained the current status and challenges of the Office of Cannabis Management (OCM). “I am here for a little longer than anybody had planned, at least through the early part of 2024,” Briner told Star Tribune. “I think the governor is evaluating next steps.” She added that she’s under contract with the state until Feb. 15, 2024, but hopes to hire nine key administrators for OCM by the end of 2023 or early January 2024.

Recently, Briner explained that the Minnesota Department of Health hired inspectors specifically to keep an eye on hemp-derived businesses and products. Additionally, the Department of Agriculture is helping the Department of Health on compliance enforcement, and many government employees have been reassigned to assist with compliance as well, with an expected total of 120 employees to bolster cannabis management. “There’s a lot of work happening behind the scenes keeping us on track for a successful launch in 2025,” said Briner.

Briner ended her interview by confirming that the deadline is still realistic, and that the application window for cannabis business owners to apply for a license could possibly begin by the last quarter of 2024. “What we have learned is that this is an ambitious timeline, but we are committed to meeting it and there’s a lot of work to be done,” Briner concluded.

The previous OCM director Erin DuPree’s appointment was announced on Sept. 21, 2023. On Sept. 22, allegations arose that she owned a hemp cannabis company (Loonacy Cannabis Co., which she founded in July 2022) but that she sold illegal or unregulated hemp products. That same day she said she “would not be going forward” with her appointment.

Gov. Tim Walz originally described DuPree as a star candidate, saying “she has managed multiple aspects of the business and led continued research on hemp-derived and cannabis products while maintaining compliance with state laws and regulations,” Walz said. “With direct experience in Minnesota’s hemp and cannabis industry and over 20 years of success in launching, managing, and growing businesses and organizations, Erin DuPree is an outstanding choice to lead the Office of Cannabis Management.”

DuPree responded to her appointment with optimism, stating that her first goal was to start hiring more people to build up the team. It appears that an OCM director wasn’t needed for that to happen, according to Briner’s interview statements. The Star Tribune reported that Walz has not interviewed anyone for the director position yet.

Minnesota was the 23rd state to legalize recreational cannabis on May 2, 2023, when Walz signed the bill into law. In a speech, Walz explained the failed War on Drugs and the need for change. “We’ve known for too long that prohibiting the use of cannabis hasn’t worked. By legalizing adult-use cannabis, we’re expanding our economy, creating jobs, and regulating the industry to keep Minnesotans safe,” Walz said. “Legalizing adult-use cannabis and expunging or resentencing cannabis convictions will strengthen communities. This is the right move for Minnesota.”

The law allows residents to possess 32 ounces of cannabis at home (about 2 pounds), and grow up to four plants. While in public, they can legally possess up to two ounces at a time, while other states such as California, Washington, and Nevada only allow one ounce of cannabis at home, and Colorado limits home possession to one ounce. “The vast majority of adult use states that allow home cultivation don’t have any explicit limit,” says NORML Political Director Morgan Fox. “And most of them explicitly say that you can keep whatever you grow in your own home. There are four states aside from Minnesota that actually have set limits. Massachusetts has 10 ounces, Michigan has 10 ounces, Oregon is eight ounces and New York is 5 pounds.”

Recent analysis by Vicente LLP shows that Minnesota’s cannabis industry could reach up to $1.5 billion in value by 2029, selling to an estimated 650,000 adult-use cannabis and medical cannabis consumers across the state every year.

Although it’s going to take time to get the state’s cannabis program up and running, the Minnesota-based Native American Red Lake Nation Tribe quickly set up sales that began on August 1, making it the first dispensary in the state. “We see this as a resource not only to reduce harm, but to also bring in resources to help our people recover,” said Sam Strong, Red Lake Nation’s tribal secretary. While alcohol isn’t allowed on tribal land, the tribe already has plans to provide medical cannabis as well to offer tribe members.

Last month, the University of Minnesota (UM) announced the launch of its Cannabis Research center, which is funded by the cannabis legalization bill signed by Walz in May. “I am excited for the opportunity to lead the Cannabis Research Center and, alongside my colleagues at the School of Public Health, to conduct innovative research on the health effects of adult-use cannabis legalization on people and communities across the state, including prevention and treatment of substance use disorders, equity issues, education and decriminalization,” said UM professor Traci Toomey. The goal is to provide research that can serve as evidence for policymakers to make informed decisions about cannabis legislation.

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New York’s state cannabis regulatory agency this week detailed its latest action to crack down on unlicensed cannabis shops. The New York Office of Cannabis Management (OCM) released a report on its efforts, noting it was the second in a monthly series of enforcement action updates against unlicensed cannabis shops across the State.

The agency reported that during November, investigators from OCM and the New York Department of Taxation and Finance (DTF) inspected 71 shops suspected of selling cannabis without a license, including re-inspections of 13 of the retailers. The inspections resulted in the seizure of 812 pounds of cannabis flower, 701 pounds of weed edibles and 61 pounds of concentrates. The OCM estimated the value of the seized weed products to be $7,284,986.

Last month’s enforcement actions brought to 350 the OCM’s total number of inspections of suspected unlicensed weed shops since beginning the effort in October. The agency, which was created after New York lawmakers legalized cannabis in the state in 2021, pledged to continue inspections of illicit cannabis retailers in conjunction with DTF investigators every week.

OCM Reports Court Victories

The OCM also reported on court victories in its effort to reign in New York’s unlicensed cannabis market. On November 21, OCM, in collaboration with the Office of the Attorney General (OAG), won its first petition for emergency relief under a new section of the state’s cannabis law that went into effect earlier this year. In the case, the court issued a permanent injunction and one-year permanent closing order against unlicensed operator David Tulley of “I’m Stuck” in Wayne County. The Court agreed with OCM and the OAG that Tulley had engaged in the unlicensed sale of cannabis and rejected Tulley’s argument that the “cannabis consulting business model” did not require a state-issued license.

“This victory established an important precedent allowing the State to seek longer term closures for businesses found to be illegally selling cannabis,” the OCM noted in a December 4 statement from the agency.

Additionally, on November 9 OCM and OAG secured a temporary restraining order and temporary order to close and padlock a shop against the unlicensed operator George West of Jaydega 7.0 in Canandaigua, New York. A hearing on the request for a permanent injunction and closure of the retailer is scheduled for next month in Ontario County Supreme Court. 

Fines As High As $20,000 Per Day

Fines for the illegal sale of cannabis start at $10,000 per day and can be increased to $20,000 for the most “egregious conduct,” the OCM noted. An additional fine of $5,000 can be levied for the removal of a closure order, and the inspected businesses may also be subject to additional violations and penalties under the state’s tax laws. Enforcement legislation passed in May 2023 also authorizes OCM to seek a state court order to padlock businesses found to be in repeated violation of the law. The new law also makes it a crime to sell cannabis and cannabis products without a license.

“As we look ahead to this next chapter in New York’s cannabis market, we continue to prioritize safety across the state by working diligently to shut down illegal operators,” OCM executive director Chris Alexander said in a statement on Monday. “The number one remedy for the problem of these illicit shops is getting more legal businesses open.”

“New Yorkers want to know where their products are coming from, and they know they can rely on safe, trusted, and locally grown cannabis when they walk into one of our legal dispensaries,” Alexander added. “We will continue to seize illegal products, and we know that the collaborative work continues across all levels of government to address this public health crisis.”

Michelle Bodian, a partner in the New York office of the Vicente LLP and a member of the cannabis law firm’s licensing and regulatory compliance efforts in the state, said that much more action from regulators will be required before the illicit market can be contained.

“I appreciate that OCM is making an effort to be more transparent with the status of enforcement efforts; however, based upon these stats it seems like NY has a long road ahead,” Bodian wrote in an email to High Times. “I am cautiously optimistic the education and collaboration with municipalities will result in a rapid uptick in enforcement.”

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The New York-based Coalition for Access to Regulated & Safe Cannabis (CARSC) recently filed a lawsuit against the Office of Cannabis Management (OCM) on March 16. CARSC is an “unincorporated trade association” that includes a handful of organizations, including Acreage Holdings, PharmaCann, Green Thumb Industries, and Curaleaf, all of which sought to apply for a dispensary license in New York.

The lawsuit is requesting a judge to declare Conditional Adult-Use Retail Dispensary (CAURD) as unconstitutional, and state that the OCM and Cannabis Control Board (CCB) have overstepped their authority.

The lawsuit was filed with the Albany County Supreme Court by Feuerstein Kulick, claiming that the 2021 Marijuana Regulation and Taxation Act required both the OCM and CCB “the initial adult-use retail dispensary license application period … for all applicants at the same time.” Both agencies made the CAURD, which created a new license class, and allowed specific groups to apply for it, rather than “all applicants.”

“Rather than perform the tasks required by the MRTA—which would promote a safe and regulated cannabis industry for medical patients and adult-use consumers alike—CCB and OCM have improperly assumed the role of the Legislature to impose their own policies over those of New York’s elected officials and, by extension, their constituents,” the lawsuit states, according to Syracuse.com.

The lawsuit alleges that the CCB and OCM didn’t complete the requirements of the MRTA, and instead abused its power to create the CAURD. CAURD originated from New York Gov. Kathy Hochul’s Seeding Opportunity Initiative that was announced in March 2022, which “position individuals with prior cannabis-related criminal offenses” to earn one of 150 licenses, and an additional 25 to nonprofit organizations. It requires that an applicant must have been convicted of a cannabis crime in the state of New York, and also must have a “significant presence.”

The lawsuit alleges that a 20-month delay in proposed cannabis regulations is a violation of state law, among other evidence, including having cultivators grow thousands of pounds of cannabis without having retail businesses set up to sell it all.

In July 2022, OCM Executive Director Chris Alexander spoke with NY Cannabis Insider about the threat of a lawsuit such as this one. “I don’t have a concern about the challenge towards the retail opportunity, because the board has the power to create additional licenses,” Alexander said. “We think about legal challenges that may come to the program, but that’s why we stay as close to the law and the powers that law has given us as possible.”

One month before the CAURD application window ended in October 2022, a different lawsuit was filed that prevented the OCM from issuing licenses in five out of 14 areas: Finger Lakes, Central New York, Western New York, Mid-Hudson, and Brooklyn. The lawsuit alleges that CAURD violates the Dormant Commerce Clause, which “refers to the prohibition, implicit in the Commerce Clause, against states passing legislation that discriminates against or excessively burdens interstate commerce.”

Another lawsuit filed by Variscite NY One, a Michigan-based company, was denied a license because it is 51% owned by an individual who has no “significant presence” in New York, and has a cannabis conviction in Michigan, not New York.

Syracuse.com states that 66 CAURD licenses have been issued so far, with the CCB announcing in March that it plans to increase the pool of licenses to 300. 

Sen. Jeremy Cooney, who co-sponsored the MRTA, addressed the concerns of the lawsuit in a statement to NY Cannabis Insider. “When we passed the MRTA, there was an understanding that the rollout of adult-use recreational cannabis and expansion of New York’s medical cannabis program would be complex, and encounter obstacles,” Cooney said. “While a potential lawsuit is undoubtedly a new challenge, we must not allow it to become a roadblock to progress. We must continue our efforts to deliver for operators, patients, and consumers as the legal process unfolds. We are committed to increasing patient access for the medical program and creating equity in the recreational market.”

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The New York Office of Cannabis Management (OCM) announced its final list of applicants who will be issued the first retail cannabis licenses in the state. Thirty-six applicants were announced on Nov. 20, which were chosen out of a pool of 903 applicants.

“BREAKING: In a historic decision, the #NYCCB has approved the first round of CAURD [Conditional Adult-Use Retail Dispensary] licensees. 28 Justice-involved individuals & 8 Nonprofit organizations will make the first adult use-sales by New York farmers and bring countless opportunities to our communities. #NYCCB” the OCM wrote on Twitter on Nov. 21. The regions with the most CAURD licenses include Manhattan (22), Long Islands (20), Brooklyn (19), Mid-Hudson (19), and Queens (16).

According to The New York Times, a majority of the finalists are owned by people who have been previously convicted of a cannabis offense, or have a close family member who have been convicted. There are eight non-profit organizations, (such as Housing Works, The Doe Fund, and LIFE Camp), which are also included in the final list.

In addition to the finalist announcement, the OCM also released a 282-page document detailing the state’s draft regulations. “The #NYCCB has voted to advance OCM’s largest adult-use cannabis regulation package since the MRTA [Marijuana Regulation and Taxation Act] passed to public comment. These regulations are intended to establish rules for a safe, equitable, consumer-driven market focused on small businesses,” the agency wrote, inviting the public to submit comments to regulations@ocm.ny.gov (which will be open for 60 days).

The OCM has previously stated that it aims to have some retail dispensaries open before the end of 2022. “We’re excited about granting the first adult-use cannabis licenses today,” said OCM spokesperson Trivette Knowles. “New York is ready for adult-use cannabis sales and we’re still working towards the goal of having the first sales begin this calendar year.” Eventually, an estimated 150 retail licenses are expected to be awarded across the state.

This expectation aligns with an earlier statement from New York from Gov. Kathy Hochul in October as well. “We expect the first 20 dispensaries to be open by the end of this year,” Hochul said. “And then every month or so, another 20. So, we’re not going to just jam it out there. It’s going to work and be successful.”

Recent reports state that New York has over $750 million worth of cannabis harvested and stockpiled, but nowhere for it to go without licensed dispensaries to sell them.

According to New York-based Hudson Cannabis farm CEO Melany Dobson, they’ve just been waiting for the OCM to greenlight license approval. “It’s an unclear path to market. We’ve been told again and again that dispensaries will open before the end of the year,” Dobson told Bloomberg. “I’ve acted as though that’s our single source of proof, so we’re prepared for that.”

Cannabis begins to deteriorate when it begins to age, both in color as well as quality. “Old cannabis starts to have a brownish glow,” Dobson explained. While Hudson Cannabis’s operation allows it to store cannabis to prevent degradation for about 12 months, other farms may not be able to preserve their cannabis for long before it becomes unusable.

Recently a judge issued a temporary injunction that prevents New York regulators from issuing retail licenses in five regions of the state. According to a statement from David C. Holland, a partner of the law firm Prince Lobel, this injunction could expand to include other regions of New York as well. “This could have a wider impact across the entire state as the same state-specific contact and conviction requirements were imposed in 14 regions in New York, which are designated to set up a CAURD dispensary and may have prevented justice-involved individuals from other states from applying for a conditional license because of the state’s efforts to protect and promote its emerging cannabis industry,” Holland stated.

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Regulators in New York this week lifted a stringent requirement that cannabis growers in the state had decried as an “existential threat” to their operations. 

NY Cannabis Insider reports that the state’s Office of Cannabis Management on Tuesday sent an email to cultivators to note that it had “updated its Laboratory Testing Limits document to remove the pass/fail limits associated with the Total Viable Aerobic Bacteria Count and Total Yeast and Mold Count for unextracted cannabis products (e.g. cannabis flower, pre-roll, etc.).”

New York cannabis growers lamented that the testing limits for bacteria, yeast, and mold were far too onerous, and jeopardized their ability to get the product in front of customers. 

The state gave conditional licenses to cultivators earlier this year to begin growing the first adult-use cannabis crop outdoors. 

But growing outdoors made those testing limits difficult to attain. 

“This is a step in the right direction for the success of this new market,” said Aaron Leentjes, a conditional cultivator and co-founder and owner of UNIFI Cannabis, as quoted by NY Cannabis Insider. “Because growers were not given an option to cultivate indoors, it’s nice to see OCM adjusting their testing guidelines to be more in line with the realities of outdoor cultivation.”

In its email sent on Tuesday, the Office of Cannabis Management said that, although testing will still be conducted, “there will not be a defined limit for unextracted cannabis products in the adult-use program.”

“It is the responsibility of the licensee to consider these results and any impact to the stability and expiration dating of the product, as well as any risks to the health of consumers,” the OCM said in the email, as quoted by NY Cannabis Insider. 

Recipients of the first two-year “conditional cultivator” licenses were given the green light to grow up to an acre’s worth of weed outdoors, although they were also permitted to keep some plants in greenhouses. 

“There’s a market that we’re building for small players, for big players, for medium-sized players, for family businesses, for big corporations as well,” Chris Alexander, executive director of the Office of Cannabis Management, said of the first round of cultivation this summer. “We do think it will be sufficient to provide that initial supply to our dispensary locations that we get up and running.” 

New York Gov. Kathy Hochul, who is facing re-election next week, said last month that the first state-regulated marijuana dispensaries are still on track to open by the end of this year.

“We expect the first 20 dispensaries to be open by the end of this year,” Hochul said at the time. “And then every month or so, another 20. So, we’re not going to just jam it out there. It’s going to work and be successful.”

In that same interview, Hochul took credit for getting the legal marijuana program up and running after she took over for former New York Gov. Andrew Cuomo last August. 

“Talk about the rollout being jammed up,” she said. “When I became governor, nothing had happened. Nothing. It was shut down because there was a battle between the administration and the legislature over who would be the executive director and the chairs of the cannabis review boards,” she said. “So, I was given a lot of credit because within one week, I named people. I got things going. So, when I speak to people about being part of this industry, the first thing they say is ‘thank you.’ Because otherwise we could still be waiting and waiting and waiting, even for the most basic steps to be taken. So we’ve been moving along quickly.”

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New York residents will be seeing cannabis-themed television commercials, subway advertisements, and billboards with the launch of a cannabis public education campaign announced by Governor Kathy Hochul on Monday. The Cannabis Conversations campaign, which is scheduled to run over the next three months, is designed to remind New Yorkers of the risks of driving impaired by cannabis, provide parents with tools to protect young people, and spread other messages related to the legalization of cannabis.

The governor’s office noted that last year’s Marijuana Regulation and Taxation Act (MRTA) that legalized cannabis in New York is focused on public health and was developed to support the principles of safety, social justice, and economic development. As part of this shift in public policy, the MRTA includes provisions mandating public education campaigns to inform New Yorkers about the new law and its impact on health and safety.

“With the ‘Cannabis Conversations’ campaign, we’re following through on our commitment to provide New Yorkers with the information they need to safely navigate the new Cannabis Law,” Hochul said in a statement. “Education is the best tool to keep New Yorkers healthy as we continue to ramp up this safe, inclusive, and equitable industry.”

The education campaign from New York’s Office of Cannabis Management (OCM) will consist of messages in English and Spanish distributed through television commercials, radio spots, transit ads, social media posts and billboards. Monday’s launch includes the release of a 30-second spot highlighting New York’s legalization of cannabis for adults 21 and older, the importance of not driving under the influence, and the need to securely store cannabis away from children and pets.

“‘Cannabis Conversations’ is our first public health campaign as we make sure New Yorkers have the initial information they need to stay safe and healthy. We have learned from other states and are excited to amplify these important messages across the State,” said Cannabis Control Board chair Tremaine Wright. “Meanwhile, we’re hard at work building this new industry, and as it continues to evolve, so, too, will our public education efforts with future campaigns tackling a growing range of health and safety messaging.”

Program Started with Community Outreach

The new program builds on the original Cannabis Conversations campaign featuring a series of virtual community outreach events hosted by Wright in January and February. The series featured 10 events focused on different regions of the state and one statewide event in Spanish.

Kassandra Frederique, executive director of the cannabis reform advocacy group the Drug Policy Alliance, said that it “is essential for New York’s Cannabis Conversation campaign to establish statewide literacy of our new cannabis policy.”

“New Yorkers have experienced decades of prohibition, disparate enforcement, and with increasing intensity misinformation. The Office of Cannabis Management was created to serve as a central hub for cannabis policy and information,” added Frederique. “It is our hope that this is only the beginning of the state’s robust public education that not only teaches people what the law is, but includes considerations around consumption, how to become an entrepreneur, and where to get help if you need it.”

Additional messages in the Cannabis Conversations campaign will be released over the next three months. Sarah Ravenhall, executive director of the New York State Association of County Health Officials, said that she is encouraged to see that the governor and the OCM are taking public health and health equity seriously as the state prepares for the full implementation of legalized cannabis.

“There are health risks associated with cannabis use that require sound policy to mitigate, and the governor’s ‘Cannabis Conversations’ Campaign is a clear indication that this administration supports a thoughtful and careful approach to cannabis policy,” said Ravenhall. “We look forward to working with the state to monitor the program’s public health impact and to continue to find new ways to ensure New York has the safest program possible.”

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This week, New York expanded eligibility for the state’s medical cannabis program to include more patients, according to an announcement from state regulators. New York’s Office of Cannabis Management said on Monday that the state had launched a new medical marijuana certification and registration system that is “easier to use and expands the eligibility criteria for patients who can benefit from medical cannabis.”

Under the new eligibility criteria, practitioners will be allowed to issue medical marijuana certifications to any patient they believe may benefit from the medicinal use of cannabis. Previously, the use of medical cannabis was restricted to patients with one or more qualifying medical conditions. The Office of Cannabis Management (OCM) noted that the change is consistent with the Marijuana Regulation and Taxation Act (MRTA) passed by lawmakers last year.

In addition to legalizing the recreational use of marijuana and establishing a framework for adult-use cannabis sales, the MRTA shifted the regulation of New York’s medical marijuana program from the state Department of Health to the OCM. Tremaine Wright, the chair of the state Cannabis Control Board, applauded the progress made by state marijuana regulators.

“It is terrific to see the Medical Cannabis Program expand so vastly with the launch of the new certification and registration program and the ability of practitioners to determine qualifying conditions as included in the MRTA,” Wright said in a statement from the OCM. 

Previously, the OCM announced additional changes to the state’s medical marijuana program, including allowing the sale of cannabis flower and a permanent waiver of registration fees for patients and caregivers. Regulators also expanded the list of caregivers qualified to certify patients for medical marijuana to include any practitioner who is licensed to prescribe controlled substances in New York, such as dentists, podiatrists and midwives. 

Other changes to New York’s medical marijuana program made by the OCM include increasing the amount of cannabis that may be dispensed at one time from a 30-day supply to a 60-day supply and streamlining the approval for institutions such as hospitals, residential facilities and schools to become designated caregiver facilities to hold and dispense products for patients. Additionally, the state Cannabis Control Board has accepted public comments on proposed regulations to govern the home cultivation of cannabis by medical cannabis patients and is currently completing an assessment of the comments submitted for publication in the state register.

“The new cannabis industry is taking shape as we continue to implement the MRTA and provide greater access for New Yorkers to a medicine that we’re learning more about every day,” Wright said. “We’re continuing to move forward swiftly and today’s system launch follows our achievements that already include adding whole flower medical product sales, permanently waiving $50 patient fees, and advancing home cultivation regulations, among others.”

Patients certified through the new certification and registration system will be issued their certification from the OCM. Certifications previously issued by the Department of Health will continue to remain valid through their expiration date, when new certifications will be issued by the OCM.

Cannabis Community Applauds Expansion of Medical Marijuana Program

Dr. Rebecca Siegel, a clinical psychiatrist and the author of The Brain on Cannabis: What You Should Know About Recreational and Medical Marijuana, said that expanding access to medical cannabis is appropriate, because cannabis can be beneficial for a wide range of medical conditions.

“I think this gives practitioners in all types of medicine just one more tool to add to their belt in order to effectively treat patients,” Siegal wrote in an email to High Times. “Most importantly, I think this broadens the opportunity for more patients to have access to cannabis from their own personal trusted physicians who can better monitor their conditions and use of marijuana. This is way better than patients trying to manage it on their own.”

Sharon Ali, the Mid-Atlantic regional general manager for cannabis multi-state operator Acreage Holdings, said that expanding access to medical marijuana is a significant advancement for New York, where the company operates four The Botanist retail locations.

“New York has the opportunity to implement lessons learned from earlier adopters of legalization, and we’ve seen from other states that one of the most important foundations for a successful adult-use program is a robust medical program,” Ali wrote in an email, adding that it is “an exciting time for New York as the cannabis program continues to evolve in a positive direction.”

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New York Governor Kathy Hochul last week announced appointments to a board that will help implement and enforce the state’s regulated cannabis industry.

On Wednesday, Hochul said that Reuben R. McDaniel, III and Jessica Garcia had been appointed to the Office of Cannabis Management, which will “create and implement a comprehensive regulatory framework for New York’s cannabis industry, including the production, licensing, packaging, marketing and sale of cannabis products” in conjunction with the Cannabis Control Board.

The appointments are a part of a rollout of the state’s new marijuana law that has moved at a glacial pace. In her announcement on Wednesday, Hochul, who became the Empire State’s first female governor late last month following the resignation of Andrew Cuomo, expressed frustration with the delays in the process.

“New York’s cannabis industry has stalled for far too long—I am making important appointments to set the Office of Cannabis Management up for success so they can hit the ground running,” Hochul said. “I am confident Mr. McDaniel and Ms. Garcia will serve the board with professionalism and experience as we lead our state forward in this new industry.”

New York is Catching Up

New York legalized pot use earlier this year, when Cuomo signed a bill into law in March after several previous attempts had failed to get off the ground.

The regulated weed market continues to be ironed out by New York policymakers, with the first dispensaries expected to open next year at the earliest. But the law did yield some immediate changes––namely, the ability to use marijuana freely, including in public wherever cigarette smoking is permitted. 

But as regulators continue to work out the rules for the market, some dispensaries have already opened on tribal lands in New York. 

On Thursday, the New York Times profiled some of those retail pot businesses, including dispensaries on the St. Regis Mohawk reservation that opened shortly after the state ended its prohibition on pot.

Although “New York City customers might prefer closer locales in Massachusetts (where recreational marijuana sales began in 2018),” the New York Times said, “the proprietors of the reservation’s new weed dispensaries say they are doing a steady business, capitalizing on delays from state leaders who have been slow to adopt regulations to govern the adult-use sale of the drug.”

“As such, the reservation’s dispensaries are seemingly getting a jump-start on what is projected to be a $4 billion industry in New York, as well as continuing a long tradition of using products like tobacco and gasoline—steady moneymakers for the tribe—to create jobs and income,” the report said.

Hochul’s appointments this week could be a shot in the arm for the sluggish rollout, with McDaniel and Garcia representing the final two appointments to the Office of Cannabis Management.

Earlier this month, Hochul announced that lawmakers had confirmed the appointment of Tremaine Wright as Chair of New York’s Cannabis Control Board (CCB) and Christopher Alexander as Executive Director of the Office of Cannabis Management (OCM).

The governor said at the time that one of her “top priorities is to finally get New York’s cannabis industry up and running—this has been long overdue, but we’re going to make up for lost time with the Senate confirmation of Tremaine Wright as Chair of the Cannabis Control Board and Christopher Alexander as Executive Director of the Office of Cannabis Management.”

“These two individuals bring a wealth of knowledge and experience to their new roles, and I know they will do a tremendous job of outlining and implementing regulations that are safe, fair and transparent and that recognize the need to remedy the impact that prohibition has had on communities of color. I look forward to working with them on building our state’s cannabis industry and affecting real change for New Yorkers,” Hochul said.

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